Paper No. 56
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`TARGET CORPORATION
`Petitioner
`
`v.
`
`DESTINATION MATERNITY CORPORATION
`Patent Owner
`_____________
`
`Case No. IPR2013-00532
`(U.S. Patent No. RE43,531)
`_____________
`
`Dated: September 16, 2014
`
`Before JENNIFER S. BISK, MICHAEL J. FITZPATRICK, and
`MITCHELL G. WEATHERLY Administrative Patent Judges.
`
`PATENT OWNER'S EXHIBIT LIST
`
`EAST\76670254.2
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`TARGET CORPORATION
`Petitioner
`
`v.
`
`DESTINATION MATERNITY CORPORATION
`Patent Owner
`_____________
`
`Case No. IPR2013-00532
`(U.S. Patent No. RE43,531)
`_____________
`
`Dated: September 16, 2014
`
`Before JENNIFER S. BISK, MICHAEL J. FITZPATRICK, and
`MITCHELL G. WEATHERLY Administrative Patent Judges.
`
`PATENT OWNER'S EXHIBIT LIST
`
`EAST\76670254.2
`
`
`
`Exhibit 2001:
`
`October 19, 2007 blog post on The Mommy Playbook
`
`Exhibit 2002:
`
`July 31, 2008 blog post on Mamanista!
`
`Exhibit 2003:
`
`Color artifact of JC Penney Catalog 2005 found in USSN
`12/117,004 (US 7,900,276)
`
`Exhibit 2004
`
`December 4, 2011 Form 1449 from US RE43,563
`
`Exhibit 2005:
`
`Exhibit 2006:
`
`Excerpts from the October 10, 2013 Deposition of Mindy
`Simon
`
`Excerpts from the October 4, 2013 Deposition of Gregory
`Stangle
`
`Exhibit 2007:
`
`May 31, 2008 blog post on Everyday Becky
`
`Exhibit 2008:
`
`July 15, 2008 Review: Secret Fit Belly Jeans from Motherhood
`Maternity
`
`Exhibit 2009:
`
`January 30, 2008 blog post on Pinching Your Pennies Forums
`
`Exhibit 2010:
`
`October 28, 2008 blog post on The Shy Girl’s Guide to
`Pregnancy and Parenting
`
`Exhibit 2011:
`
`October 3, 2008 blog post on Mamapedia
`
`Exhibit 2012:
`
`January 2008 blog post on The Bump
`
`Exhibit 2013:
`
`October 15, 2008 blog post on Pregnant Fashionista
`
`Exhibit 2014:
`
`August 2008 blog post on Libby's Latest
`
`Exhibit 2015:
`
`January 6, 2009 blog post on Keeping the Kingdom First
`
`Exhibit 2016:
`
`May 21, 2009 blog post on Pregnant Fashionista
`
`Exhibit 2017:
`
`Declaration of David Brookstein, Sc.D.
`
`Exhibit 2018:
`
`Deposition transcript of Frances Harder (April 24, 2014)
`
`EAST\76670254.2
`
`- 2 -
`
`
`
`Exhibit 2019:
`
`Exhibit 2020:
`
`Exhibit 2021
`
`UNDER SEAL deposition transcript of Amy Brady (October
`10, 2013)
`
`UNDER SEAL Exhibit 114 from deposition transcript of Amy
`Brady
`
`July 17, 2007 Patent Owner press release - introduction to
`Secret Fit Belly styles
`
`Exhibit 2022:
`
`UNDER SEAL Declaration of Philip Green
`
`Exhibit 2023:
`
`Exhibit 2024:
`
`Merriam-Webster’s Collegiate Dictionary, 11th Ed., 2007, p.
`1245
`
`Merriam-Webster’s Collegiate Dictionary, 11th Ed., 2007, p.
`679
`
`Exhibit 2027 :
`
`REDACTED deposition transcript of Amy Brady (October 10,
`2013)
`
`Exhibit 2028:
`
`REDACTED Exhibit 114 from deposition transcript of Amy
`Brady
`
`Exhibit 2029:
`
`REDACTED Declaration of Philip Green
`
`Exhibit 2030
`
`U.S. Patent 6,669,064
`
`Exhibit 2031
`
`U.S. Patent 5,034,999
`
`Exhibit 2032
`
`U.S. Patent 7,089,597
`
`Exhibit 2033
`
`U.S. Patent 8,016,640
`
`Exhibit 2034
`
`U.S. Patent 4,590,624
`
`Exhibit 2038
`
`DMC 2006 10K
`
`Exhibit 2039
`
`DMC 2008 10K
`
`Exhibit 2040
`
`DMC 2009 10K
`
`EAST\76670254.2
`
`- 3 -
`
`
`
`Exhibit 2041
`
`DMC 2012 10K
`
`Exhibit 2042
`
`DMC 2013 10K
`
`Exhibit 2043
`
`DMC0002838
`
`Exhibit 2044
`
`DMC0003635
`
`Exhibit 2045
`
`DMC0031917
`
`Exhibit 2046
`
`DMC0037084
`
`Exhibit 2047
`
`DMC0066466
`
`Exhibit 2048
`
`DMC0119452
`
`Exhibit 2049
`
`DMC0031997
`
`Exhibit 2050
`
`http://www.motherhood.com/maternity/secret-fit-belly.asp
`
`Exhibit 2051
`
`http://www.motherhood.com/Shop_Motherhood
`Maternity/SecretFitBelly-Testimonials.asp
`
`Exhibit 2052
`
`www.destinationmaternity.com
`
`Exhibit 2053
`
`Exhibit 2054
`
`Exhibit 2055
`
`http://www.alvanon.com/
`assets/files/AlvaForm_Catalog_(v3.0)_12X27_[SO FT]_2
`4APR2013.pdf
`
`UNDER SEAL Supplemental Declaration of Philip Green
`(Served not filed)
`
`REDACTED Supplemental Declaration of Philip Green
`(Served not filed)
`
`Exhibit 2056
`
`UNDER SEAL Secret Fit Belly Historical Sales & GM.xls
`
`Exhibit 2057
`
`REDACTED Secret Fit Belly Historical Sales & GM.xls
`
`Exhibit 2058
`
`UNDER SEAL Belly not Secret Fit 2009_2013 Kohl's.xls
`
`EAST\76670254.2
`
`- 4 -
`
`
`
`Exhibit 2059
`
`REDACTED Belly not Secret Fit 2009_2013 Kohl's.xls
`
`Exhibit 2060
`
`UNDER SEAL Belly not Secret Fit HE,MH,Out.xls
`
`Exhibit 2061
`
`REDACTED Belly not Secret Fit HE,MH,Out.xls
`
`Exhibit 2062
`
`UNDER SEAL Belly Secret Fit Kohl's 10-18-13.xls
`
`Exhibit 2063
`
`REDACTED Belly Secret Fit Kohl's 10-18-13.xls
`
`Exhibit 2064
`
`UNDER SEAL Figures 2 and 3 of the Green Declaration
`
`Exhibit 2065
`
`REDACTED Figures 2 and 3 of the Green Declaration
`
`Exhibit 2066
`
`Exhibit A of the Green Declaration
`
`Exhibit 2067
`
`Exhibit B of the Green's Declaration
`
`Exhibit 2068
`
`UNDER SEAL Exhibit C of the Green Declaration
`
`Exhibit 2069
`
`REDACTED Exhibit C of the Green Declaration
`
`Exhibit 2070
`
`UNDER SEAL Exhibit D of Green's Declaration
`
`Exhibit 2071
`
`REDACTED Exhibit D of the Green Declaration
`
`Exhibit 2072
`
`UNDER SEAL Exhibit D1 of the Green Declaration
`
`Exhibit 2073
`
`REDACTED Exhibit D1 of the Green Declaration
`
`Exhibit 2074
`
`Supplemental Declaration of David Brookstein, Sc.D.
`(Served not filed)
`
`Exhibit 2075
`
`Exhibit 1 of the Brookstein Declaration - CV
`
`Exhibit 2076
`
`Exhibit 2 of Brookstein Declaration – Supplemental Report
`
`Exhibit 2077
`
`Tables 1 and 2 from the Brookstein Report
`
`Exhibit 2078
`
`Brookstein Photographs
`
`EAST\76670254.2
`
`- 5 -
`
`
`
`Exhibit 2079
`
`Referenced Material of the Brookstein Declaration
`
`Exhibit 2080
`
`Secret Fit Belly Jeans Images
`
`Exhibit 2081
`
`Complaint - DMC v. Target (E.D.Pa. Oct 4, 2012)
`
`Exhibit 2083
`
`www.destinationmaternity.com/maternity/secret-fit-belly.asp
`
`Exhibit 2084
`
`MPEP §2111.01
`
`Exhibit 2085
`
`Exhibit 2086
`
`Exhibit 2087
`
`Exhibit 2088
`
`Exhibit 2089
`
`Exhibit 2090
`
`Exhibit 2091
`
`Exhibit 2092
`
`Exhibit 2093
`
`DMC Product Sample: Style 93480-01
`(Made available for inspection – not filed)
`
`DMC Product Sample: Style 96316-42
`(Made available for inspection – not filed)
`
`DMC Product Sample: Style 91401-01
`(Made available for inspection – not filed)
`
`DMC Product Sample: Style 94278-10
`(Made available for inspection – not filed)
`
`AlvaForm Pregnancy Fit Mannequin (3 month)
`(Made available for inspection – not filed)
`
`AlvaForm Pregnancy Fit Mannequin (9 month)
`(Made available for inspection – not filed)
`
`Clothing Technology, English Edition 1, Verlag Europe-
`Nourney, Vollmer G,bH&Co, 1996
`(Made available for inspection – not filed)
`
`Textiles, 5th Edition, Macmillan Publishing, Co., Inc. 1979
`(Made available for inspection – not filed)
`
`Handbook of Technical Textiles, Woodhead Publishing Ltd.
`2000
`(Made available for inspection – not filed)
`
`EAST\76670254.2
`
`- 6 -
`
`
`
`Exhibit 2094
`
`Exhibit 2095
`
`The Modern Textile Dictionary, Little Brown, 1954
`(Made available for inspection – not filed)
`
`Merriam-Webster’s Collegiate Dictionary, 11th Ed., 2007
`(Made available for inspection – not filed)
`
`Exhibit 2096
`
`Affidavit of Trudi Haaf
`
`Exhibit 2097
`
`Exhibit 2098
`
`Exhibit 2099
`
`Exhibit 2100
`
`Affidavit of David Brookstein, Sc.D.
`(Served not filed)
`
`Diagrams in David Broookstein’s Declaration from Reference
`Material
`
`UNDER SEAL Deposition transcript of Vincent Thomas
`(August 22, 2014)
`
`REDACTED Deposition transcript of Vincent Thomas (August
`22, 2014)
`
`Exhibit 2102
`
`Affidavit of Trudi Haaf – May 21, 2014
`
`Exhibit 3001:
`
`Deposition transcript of Gregory Stangle (October 4, 2013)
`
`Exhibit 3002:
`
`Deposition transcript of Mindy Simon (October 10, 2013)
`
`EAST\76670254.2
`
`- 7 -
`
`
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